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Aspen Pharmacare Holdings Limited – PAIA & POPI Manual (Rev 01 08 2019) Final

PROMOTION OF ACCESS TO INFORMATION ACT, 2000

& THE PROTECTION OF PERSONAL INFORMATION ACT,

2013

MANUAL OF ASPEN PHARMACARE HOLDINGS LIMITED

Prepared in accordance with section 51 of the Promotion of Access to Information Act No. 2 of 2000 (as amended) and the Protection of Personal Information Act, 2013

(In this Manual, all references to sections are to the Promotion of Access to Information Act, 2000 unless

otherwise specified)

Last updated: August 2019


TABLE OF CONTENTS

1. INTRODUCTION ..................................................................................................................................... 3

2. SCOPE AND PURPOSE OF THE MANUAL .......................................................................................... 3

3. ABOUT ASPEN ....................................................................................................................................... 3

4. AVAILABILITY OF THE MANUAL ........................................................................................................... 3

5. CONTACT PERSON – INFORMATION OFFICER ................................................................................. 4

6. HUMAN RIGHTS COMMISSION / INFORMATION REGULATOR GUIDE ............................................ 4

7. RECORDS AUTOMATICALLY AVAILABLE TO THE PUBLIC .............................................................. 4

8. RECORDS HELD IN ACCORDANCE WITH OTHER LEGISLATION ................................................... 4

9. RECORDS – CATEGORIES AND SUBJECT OF RECORDS ............................................................... 4

10. ACCESS REQUESTS ............................................................................................................................. 6

10.1. ACCESS REQUEST PROCEDURE ...................................................................................................... 6

10.2. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS ..................................................................... 7

10.3. APPEAL AGAINST REFUSAL TO GRANT ACCESS ............................................................................ 7

11. PERSONAL INFORMATION ................................................................................................................... 8

11.1. PURPOSE OF PROCESSING ................................................................................................................ 8

11.2. CATEGORIES OF DATA SUBJECTS AND INFORMATION ................................................................ 8

11.3. CATEGORIES OF RECIPIENTS TO WHOM THE PERSONAL INFORMATION MAY BE SUPPLIED 8

11.4. PLANNED TRANSBORDER FLOWS OF PERSONAL INFORMATION ................................................ 9

11.5. INFORMATION SECURITY MEASURES ............................................................................................... 9

11.6. OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION BY A DATA SUBJECT .......... 9

11.7. REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION .............................. 9

ANNEXURE 1 - REQUEST FOR ACCESS TO A RECORD IN RELATION TO PAIA ................................... 10 ANNEXURE 2 - PRESCRIBED FEES IN TERMS OF REGULATION 11 ....................................................... 14 ANNEXURE 3 - RECORDS HELD IN ACCORDANCE WITH OTHER LEGISLATION .................................. 16 ANNEXURE 4 - OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION ............................. 18 ANNEXURE 5 - REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION ............................................ 20


1. INTRODUCTION

The Promotion of Access to Information Act, No. 2 of 2000 (the “PAIA”) seeks to give effect to the constitutional right to access information as contained in section 32 of the Bill of Rights. The PAIA seeks to advance the values of transparency and accountability. The PAIA establishes certain statutory rights of requesters to access records of a private body if:

that record is required for the exercise or protection of any rights;

that requester complies with all the procedural requirements; and

access is not refused in terms of any ground referred to in the PAIA. The Protection of Personal Information Act, No. 4 of 2013 (the “POPI Act”) seeks to give effect to the constitutional right to privacy as contained in section 14 of the Bill of Rights. The POPI Act seeks to safeguard personal information by regulating the manner in which it may be processed by public and private bodies. The POPI Act provides that data subjects have the right to have their personal information processed in accordance with the conditions for the lawful processing of personal information, which are set out in the POPI Act. One of the requirements specified in the PAIA, is the compilation of an information manual that provides information which includes the types and categories of records held by a private body (this relates to PAIA) as well certain information relating to the processing of personal information (this relates to the POPI Act). The PAIA and the POPI Act are collectively referred to in this document as the “Acts”.

2. SCOPE AND PURPOSE OF THE MANUAL

The scope of this manual includes Aspen Pharmacare Holdings Limited (“Aspen”) as the holding company of a group of local and offshore companies (the “Group”), as well as Aspen’s South African corporate entities Pharmacare Limited trading as Aspen Pharmacare, Fine Chemicals Corporation (Pty) Limited and other South African subsidiaries which the Acts apply to (collectively referred to as the “Companies”). This document serves as the Companies’ information manual and provides reference to the records held by the Companies as well as the personal information processed by the Companies from time to time.

3. ABOUT ASPEN

Aspen is a global supplier of specialty and branded pharmaceuticals with an extensive basket of products that provide treatment for a broad spectrum of acute and chronic conditions experienced through all stages of life. The Group has a proud heritage dating back more than 160 years and today its products reach more than 150 countries across the world. Aspen is the largest pharmaceutical company listed on the JSE Limited (“JSE”), South Africa’s stock exchange. The Group operates with an established business presence in approximately 70 countries across six continents and employs around 10,000 people. The Group operates 25 manufacturing facilities across 17 sites. Further general information on Aspen, its operations and activities can be obtained from its website at www.aspenpharma.com.

4. AVAILABILITY OF THE MANUAL

This manual is available for inspection on the Aspen website at www.aspenpharma.com and during normal business hours at the office of the Company Secretary of Aspen, at Aspen Place, 9 Rydall Vale Park, Douglas Saunders Drive, La Lucia Ridge Office Park, Durban.

http://www.aspenpharma.com/

http://www.aspenpharma.com/


5. CONTACT PERSON – INFORMATION OFFICER - SECTION 51 (1)(A)(I)

The responsibility for the administration of, and compliance with the Acts, has been delegated to the Company Secretary of Aspen. Requests pursuant to the provisions of the Acts should be directed as follows:

Information Officer : The Company Secretary (Riaan Verster)

Postal address : P O Box 25125, Gateway, 4321 (KwaZulu Natal – South Africa)

Street address : Aspen Place, 9 Rydall Vale Park, Douglas Saunders Drive, La Lucia Ridge Office Park, Durban

Business phone : + 27 (0)31 580 8624

Business fax : + 27 (0)31 580 8640

E-mail address : [email protected] / [email protected]

6. HUMAN RIGHTS COMMISSION / INFORMATION REGULATOR GUIDE - SECTION 51(1) (B) (I)

A Guide has been compiled in terms of Section 10 of the PAIA by the Human Rights Commission. It contains information required by a person wishing to exercise any right contemplated by the PAIA. It is available in all of the official languages. The Guide is available for inspection, inter alia, at the office of the offices of the Human Rights Commission at Braampark Forum 3, 33 Hoofd Street, Braamfontein, South Africa and on its website at www.sahrc.org.za. The Information Regulator is required to update (and make available) the Guide to include information required by persons wishing to exercise any right contemplated in the POPI Act. The updated Guide will be available from the Information Regulator in the manner prescribed.

7. RECORDS AUTOMATICALLY AVAILABLE TO THE PUBLIC - SECTION 51(1)(B)(II)

No notice has been published pursuant to Section 51(1)(b)(ii), regarding the categories of records which are automatically available without having to request access in terms of PAIA.

8. RECORDS HELD IN ACCORDANCE WITH OTHER LEGISLATION - SECTION 51(1) (B) (III)

Certain legislation provides that private bodies shall allow certain persons access to specified records, upon request. Records are available in terms of the legislation detailed in Annexure 3 to this manual (as amended from time to time); however, due to the number of laws applicable to Aspen, the list of legislation may not be exhaustive. Note that the information will only be provided in accordance with the requirements stipulated in the relevant pieces of legislation. If a requester believes that a right to access to a record exists in terms of the legislation above, or any other legislation, the requester is required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity to consider the request in light thereof.

9. RECORDS – CATEGORIES AND SUBJECT OF RECORDS - SECTION 51(1) (B) (IV)

The information contained in this section is intended to identify the main categories of records held by the Companies and to help the requester to gain a better understanding of the main business activities of the Companies. Further assistance in identifying the records held by the Companies is obtainable from the Information Officer.

http://www.sahrc.org.za/


Records to which access will be provided in accordance with the PAIA (subject to the restrictions and right of refusal to access provided for in the PAIA) are available in respect of the following (non-exhaustive) aspects of the Companies’ businesses and operations:

COMPANY RECORDS

Documents of incorporation;

Memorandum and Articles of Association or Memorandum of Incorporation (as applicable);

Records relating to the appointment of directors / auditor / secretary;

Public officer and other officers; and

Share Register and other statutory registers.

FINANCIAL RECORDS

Annual Financial Statements;

Tax Returns;

Accounting Records;

Banking Records;

Bank Statements;

Paid Cheques;

Electronic banking records;

Asset Register;

Rental Agreements; and

Invoices.

INCOME TAX RECORDS

PAYE Records;

Documents issued to employees for income tax purposes;

Records of payments made to SARS on behalf of employees;

All other statutory compliances: - VAT; - Skills Development Levies; - UIF; and - Workmen’s Compensation.

PERSONNEL / EMPLOYEE DOCUMENTS AND RECORDS

Employment contracts;

Employment Equity Plan;

Medical Aid records;

Pension Fund records;

Disciplinary records;

Salary records;

SETA records;

Disciplinary code;

Leave records;

Training records; and

Training Manuals.

SAFETY, HEALTH AND ENVIRONMENT (SHE) RECORDS

SHE Policy; and

Mandatory SHE Records.


10. ACCESS REQUESTS

10.1. ACCESS REQUEST PROCEDURE - SECTION 53

10.1.1. COMPLETION OF ACCESS REQUEST FORM

To facilitate a timely response to requests for access, all requesters should take note of the following when completing the Access Request Form:

The Access Request Form, attached as Annexure 1 hereto, must be completed.

Proof of identity is required to authenticate the identity of the requester – in addition to the Access Request Form, requesters will be required to supply a certified copy of their identification document or a valid passport document, or if a legal entity, a certified copy of the Company Registration Certificate.

Type or print in BLOCK LETTERS an answer to every question.

If a question does not apply, state “N/A” in response to that question.

If there is nothing to disclose in reply to a particular question state “NIL” in response to that question.

If there is insufficient space on the printed form, additional information may be provided of an additional attached folio.

When the use of an additional folio is required, precede each answer with the applicable title.

Please note that the successful completion and submission of an Access Request Form does not automatically allow the requester access to the requested record. An application for access to a record is subject to certain limitations if the requested record falls within a certain category as specified within Part 3 Chapter 4 of the PAIA. If it is reasonably suspected that the requester has obtained access to records through the submission of materially false or misleading information, legal proceedings may be instituted against such requester.

10.1.2. SUBMISSION OF ACCESS REQUEST FORM

The completed Access Request Form, together with a certified copy of the requester’s identity document, must be addressed to the Information Officer and submitted via the contact details stated in paragraph 5.as indicated above. An initial request fee of R57.50 (including VAT) is payable on submission of the Access Request Form.

10.1.3. PAYMENT OF FEES

Payment details can be obtained from the Information Officer indicated above and can be made either via a direct deposit, by bank guaranteed cheque or by postal order (no credit card payments are accepted). Proof of payment must be supplied via the contact details stated in paragraph 5. If the request for access is successful an access fee may be required for the search, reproduction and/or preparation of the record(s) and will be calculated based on the Prescribed Fees as set out in Annexure 2 hereto. The access fee must be paid prior to access being given to the requested record.


10.1.4. NOTIFICATION

The Information Officer will, within 30 (thirty) days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect. This 30 (thirty) day period may be extended for a further period of not more than 30 (thirty) days, if the request is for a large volume of information, or the request requires a search for information held at other offices of one or more of the Companies and the information cannot reasonably be obtained within the original 30 (thirty) day period. The requester will be notified in writing should an extension be sought.

10.2. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS (CHAPTER 4)

The main grounds for refusal of a request for information are:

Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;

Mandatory protection of the commercial information of a third party, if the record contains:

- Trade secrets of that party;

- Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that party;

- Information disclosed by a third party to any of the Companies if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;

Mandatory protection of confidential information of third parties if it is protected in terms of any agreement – the provisions of the PAIA to apply in relation to the rights of the relevant third parties;

Mandatory protection of the safety of individuals and the protection of property;

Mandatory protection of records which could be regarded as privileged in legal proceedings;

The commercial activities of the Companies, which may include: - Trade secrets of the Companies; and

- Financial, commercial, scientific or technical information which, if disclosed, would likely cause harm to the financial or commercial interests of the Companies.

10.3. APPEAL AGAINST REFUSAL TO GRANT ACCESS

If a requester is aggrieved by the refusal of the Information Officer to grant a request for a record, the requester may, upon notification of the Information Officer’s decision (or upon deemed refusal in terms of Section 58 of the PAIA), lodge a complaint to the Information Regulator or apply to court for appropriate relief within the timeframes as prescribed by the PAIA.


11. PERSONAL INFORMATION

11.1. PURPOSE OF PROCESSING - SECTION 51(1) (C) (I)

The purpose for which personal information is processed by the Companies will depend on the nature of the information. In general, personal information is processed by the Companies for business administration purposes, including:

to carry out actions for the conclusion or performance of a contract;

to comply with obligations imposed by law;

to protect the legitimate interests of the data subjects; or

where it is necessary for pursuing the legitimate interests of the Companies. The above list is non-exhaustive.

11.2. CATEGORIES OF DATA SUBJECTS AND INFORMATION - SECTION 51(1) (C) (II)

The Companies process personal information relating to the following categories of data

subjects and information: CATEGORIES OF DATA SUBJECTS

Personnel / employees;

Consultants;

Contractors;

Customers;

Investors;

Patients;

Service providers;

Suppliers;

Other third parties with whom the Companies conduct business. The above list is non-exhaustive. CATEGORIES OF INFORMATION

In respect of natural persons may include: name, identifying number (identity or passport number), date of birth, citizenship, age, gender, race, marital status, language, telephone number(s), email address(es), physical and postal addresses, income tax number, banking information, disability information, employment history, background checks, fingerprints, CVs, education history, remuneration and benefit information, details related to employee performance and disciplinary procedures.

In respect of juristic persons may include: name, registration number, tax information, contact details, physical and postal addresses, FICA documentation, BEE certificates, payment details (including bank accounts), invoices and contractual agreements.

The above lists are non-exhaustive.

11.3. CATEGORIES OF RECIPIENTS TO WHOM THE PERSONAL INFORMATION MAY BE

SUPPLIED - SECTION 51(1)(C)(III)

The categories of recipients to whom the Companies may supply the personal information will depend on the nature of the information. In general, such categories of recipients would include:

Other companies in the Group;

Service providers;

Medical aid, pension or provident funds;

Auditing and accounting bodies (internal and external);


Third parties with whom the Companies have contracted for the retention of data;

Relevant authorities, government departments, statutory bodies or regulators;

A court, administrative or judicial forum, arbitration or statutory commission making a request in terms of the applicable laws or rules.

The above list is non-exhaustive.

11.4. PLANNED TRANSBORDER FLOWS OF PERSONAL INFORMATION - SECTION 51(1)

(C)(IV)

The Companies envisage that they may transfer personal information to third parties or other companies in the Group, who are situated in a foreign country and such transfers would be subject to the relevant provisions of the POPI Act.

11.5. INFORMATION SECURITY MEASURES - SECTION 51(1) (C)(V)

The Companies strive to take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of personal information in their possession or under their control.

11.6. OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION BY A DATA

SUBJECT REGULATION 2 – POPI REGULATIONS

A data subject may at any time object to the processing of his / her / its personal information (as contemplated in Section 11(3)(a) of the POPI Act) in the prescribed form attached to this manual as Appendix 4, subject to exceptions contained in the POPI Act.

11.7. REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION –

REGULATION 3 – POPI REGULATIONS

A Data Subject may request that his / her / its personal information be corrected or deleted (as contemplated in Section 24 of the POPI Act) in the prescribed form attached as Appendix 5.


ANNEXURE 1

REQUEST FOR ACCESS TO A RECORD IN RELATION TO PAIA

REQUEST FOR ACCESS TO A RECORD OF PRIVATE BODY – FORM C (Section 53(1) of the Promotion of Access to Information, Act No. 2 of 2000)

[Regulation 10]

1. PARTICULARS OF PRIVATE BODY

Requests can be submitted either via conventional mail, e-mail or fax and should be addressed to the Information Officer as indicated below:

Information Officer : The Company Secretary (Riaan Verster)

Postal address : P O Box 25125, Gateway, 4321 (KwaZulu Natal – South Africa)

Street address : Aspen Place, 9 Rydall Vale Park, Douglas Saunders Drive, La Lucia Ridge Office Park, Durban

Business phone : + 27 (0)31 580 8624

Business fax : + 27 (0)31 580 8640

E-mail address : [email protected] / [email protected]

2A. PARTICULARS OF PERSON REQUESTING ACCESS TO THE RECORD (REQUESTER) (a) The particulars of the person who requests access to the record must be given below. (b) The address and/or fax number in the Republic to which the information is to be sent

must be given. (c) Proof of the capacity in which the request is made, if applicable, must be attached. Full names and surname :

Identity number : Postal address : Fax number : Telephone number : email address : Capacity in which request is made, when made on behalf of another person:


2B. PARTICULARS OF REQUESTER (IF A LEGAL ENTITY)

(a) The particulars of the entity that requests access to the record must be given below.

(b) The address and/or fax number in the Republic to which the information is to be sent must be given.

(c) Proof of the capacity in which the request is made, if applicable, must be attached.

Name of entity

:

Registration number :

Postal address : Fax number : Telephone number : email address : Capacity in which request is made:

3. PARTICULARS OF PERSON ON WHOSE BEHALF REQUEST IS MADE This section must be completed ONLY if a request for information is made on behalf of another person.

Full names and surname : Identity number :

4. PARTICULARS OF RECORD (a) Provide full particulars of the record to which access is requested, including the

reference number if that is known to you, to enable the record to be located.

(b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

1. Description of record or relevant part of the record: _____________________________ 2. Reference number, if available: ____________________________________________ 3. Any further particulars of record: ___________________________________________


5. FEES

(a) A request for access to a record will be processed only after a non-refundable request fee of R57.50 (including VAT) has been paid.

(b)

(c)

(d)

The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.

If you qualify for exemption of the payment of any fee, please state the reason for exemption:

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

6. FORM OF ACCESS TO RECORDS If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

Disability: Form in which record is required:

Mark the appropriate box with an X. NOTES:

(a) Compliance with your request in the specified form may depend on the form in which the record is available.

(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.

(c) The fee payable for access to the record, if any, will be determined by the form in which access is requested.

1. If the record is in written or printed form:

copy of record* inspection of record 2. If record consists of visual images:

(this includes photographs, slides, video recordings, computer-generated images, sketches, etc.):

view the images copy the images* transcription of the images* 3. If record consists of recorded words or information which can be reproduced in

sound:

listen to soundtrack (audio CD) transcription of soundtrack* (written or printed documents)

4. If record is held on computer or in an electronic or machine-readable form:

printed copy of record* printed copy of information derived from the record*

copy in computer readable form* (compact disc)

*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable

YES NO


7. PARTICULARS OF RIGHT TO BE EXERCISED OR PROTECTED If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

1. Indicate which right is to be exercised or protected:

2. Explain why the record requested is required for the exercise or protection of the aforementioned

right.

8. NOTICE OF DECISION REGARDING REQUEST FOR ACCESS You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?

Signed at this day of 20

SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE


ANNEXURE 2

PRESCRIBED FEES IN TERMS OF REGULATION 11

PRESCRIBED FEES FOR REPRODUCTION OF RECORDS

PLEASE NOTE THAT ALL AMOUNTS LISTED ARE INCLUSIVE OF VALUED-ADDED TAX

(Section 54(7) of the Promotion of Access to Information, Act No. 2 of 2000)

[Regulation 11(1)] (a) For every photocopy of an A4-size page or part thereof R1.27 (b) For every printed copy of an A4-size page or part thereof held on R0.86 a computer or in an electronic or machine-readable form (c) For a copy in a computer-readable form on compact disc R80.50

(d) (i) For a transcription of visual images, for an A4-size page or part thereof R46.00 (ii) For a copy of visual images R69.00 (e) (i) For a transcription of an audio record, for an A4-size page or part thereof R23.00 (ii) For a copy of an audio record R34.50

PRESCRIBED FEES FOR ACCESS OF RECORDS

PLEASE NOTE THAT ALL AMOUNTS LISTED ARE INCLUSIVE OF VALUED-ADDED TAX

(Section 54(7) of the Promotion of Access to Information, Act No. 2 of 2000)

[Regulation 11(3)] (a) For every photocopy of an A4-size page or part thereof R1.27 (b) For every printed copy of an A4-size page or part thereof held on R0.86 a computer or in an electronic or machine-readable form (c) For a copy in a computer-readable form on compact disc R80.50

(d) (i) For a transcription of visual images, for an A4-size page or part thereof R46.00 (ii) For a copy of visual images R69.00 (e) (i) For a transcription of an audio record, for an A4-size page or part thereof R23.00 (ii) For a copy of an audio record R34.50 (f) To search for and prepare the record for disclosure or part thereof - R34.50 for each hour or part

thereof reasonably required for such search and preparation (g) Six hours of searching to be exceeded before a deposit is payable


(h) One third of the access fee is payable as a deposit by the requester (i) The actual postage fee is payable when a copy of a record must be posted to a requester


ANNEXURE 3

RECORDS HELD IN ACCORDANCE WITH OTHER LEGISLATION - SECTION 51(1)(b)(iii)

Records are available in terms of the following legislation, as amended from time to time: Accreditation For Conformity Assessment, Calibration and Good Laboratory Practice Act 19 of 2006 Administrative Adjudication of Road Traffic Offences Act 46 of 1998 (and Amendment Bill) Advertising on Roads and Ribbon Development Act 21 of 1940 Basic Conditions of Employment Act 75 of 1997 (and Amendment Act) Broad-Based Black Economic Empowerment Act 53 of 2003 (and Amendment Act and Regulations) Broad-Based Black Economic Empowerment Revised Codes of Good Practice 2014 Companies Act 71 of 2008 Compensation for Occupational Injuries and Diseases Act 130 of 1993 Competition Act, No 89 of 1998 Consumer Protection Act 68 of 2008 Copyright Act 98 of 1978 Counterfeit Goods Act 37 of 1997 Currency and Exchanges Act 9 of 1933 Customs and Excise Act 91 of 1964 Customs and Excise Amendment Act 32 of 2014 Customs Control Act 31 of 2014 Customs Duty Act 30 of 2014 Designs Act 195 of 1993 Drugs and Drug Trafficking Act 140 of 1992 Electronic Communications and Transactions Act 25 of 2002 Employment Equity Act 55 of 1998 Employment Services Act 4 of 2014 Employment Tax Incentive Act 26 of 2013 Environment Conservation Act 73 of 1989 Environmental Legislation – Other: - Atmospheric Pollution Prevention Act No. 45 of 1965 - National Environmental Management: Biodiversity Act No.10 of 2004 - National Environmental Management: Protected Areas Act No. 57 of 2003 - National Heritage Resources Act No. 25 of 1999 Financial Intelligence Centre Act 38 of 2001 (and Amendment Act) Financial Markets Act 19 of 2012 Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 (and Regulations Relating to Miscellaneous Additives in Foodstuffs) Hazardous Substances Act 15 of 1973 Income Tax Act 58 of 1962 JSE Listings Requirements King Report IV Labour Relations Act 66 of 1995 (and Amendment Act) Medicines and Related Substances Act 101 of 1965 (and Amendment Act and Regulations) Merchandise Marks Act 17 of 1941 National Credit Act 34 of 2005 National Environmental Management Act 107 of 1998 (and Amendment Acts) National Environmental Management: Air Quality Act 39 of 2004 (and Amendment Act) National Environmental Management: Waste Act 59 of 2008 (and Amendment Act) National Health Act 61 of 2003 National Water Act 36 of 1998 (and Amendment Act) Occupational Health and Safety Act 85 of 1993 Patents Act 57 of 1978 Pension Funds Act 24 of 1956 Pharmacy Act 53 of 1974 Prevention and Combating of Corrupt Activities Act 12 of 2004 Prevention of Organised Crime Act 121 of 1998 Promotion of Access to Information Act 2 of 2000 Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000


Protected Disclosures Act 26 of 2000 (and Amendment Bill) Protection of Personal Information Act 4 of 2013 Public Finance Management Act 1 of 1999 Regulations on Interception of Communications and the Provisions of Communication Related to Information Act 70 of 2002 Skills Development Act 97 of 1998 Skills Development Levies Act 9 of 1999 State Tender Board Act 86 of 1999 Tax Administration Act 28 of 2011 Trade Marks Act 194 of 1993 Unemployment Insurance Contributions Act 4 of 2002 Value-Added Tax Act 89 of 1991

PLEASE NOTE: Whilst all reasonable endeavours have been made to provide a complete list of applicable legislation above, it is possible that the above list may be incomplete. Wherever it comes to the Companies’ attention that existing or new legislation allows a requester access on a basis other than that set out in the PAIA, the above list will be updated.


ANNEXURE 4

OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF SECTION 11(3) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO.

4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018 [Regulation 2]

Note: 1. Affidavits or other documentary evidence as applicable in support of the objection may be attached. 2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form

and sign each page. 3. Complete as is applicable.

A DETAILS OF DATA SUBJECT

Name(s) and surname/ registered name of data subject:

Unique Identifier/ Identity Number

Residential, postal or business address:

Code ( )

Contact number(s):

Fax number / E-mail address:

B DETAILS OF RESPONSIBLE PARTY

Name(s) and surname/ Registered name of responsible party:


Code ( )

Contact number(s):

Fax number/ E-mail address:

C REASONS FOR OBJECTION IN TERMS OF SECTION 11(1)(d) to (f) (Please provide detailed reasons for the objection)


Signed at .......................................... this ...................... day of ...........................20………... ............................................................ Signature of data subject/designated person


ANNEXURE 5

REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS OF SECTION 24(1) OF THE PROTECTION

OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018 [Regulation 3]

Note:

1. Affidavits or other documentary evidence as applicable in support of the request may be attached. 2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form

and sign each page. 3. Complete as is applicable.

Mark the appropriate box with an "x". Request for:

Correction or deletion of the personal information about the data subject which is in possession or under the control of the responsible party.

Destroying or deletion of a record of personal information about the data subject which is in possession or under the control of the responsible party and who is no longer authorised to retain the record of information.

A DETAILS OF THE DATA SUBJECT

Name(s) and surname / registered name of data subject:

Unique identifier/ Identity Number:


Code ( )

Contact number(s):

Fax number/E-mail address:

B DETAILS OF RESPONSIBLE PARTY

Name(s) and surname / registered name of responsible party:


Code ( )

Contact number(s):


Fax number/ E-mail address:

C INFORMATION TO BE CORRECTED/DELETED/ DESTRUCTED/ DESTROYED

D

REASONS FOR *CORRECTION OR DELETION OF THE PERSONAL INFORMATION ABOUT THE DATA SUBJECT IN TERMS OF SECTION 24(1)(a) WHICH IS IN POSSESSION OR UNDER THE CONTROL OF THE RESPONSIBLE PARTY ; and or REASONS FOR *DESTRUCTION OR DELETION OF A RECORD OF PERSONAL INFORMATION ABOUT THE DATA SUBJECT IN TERMS OF SECTION 24(1)(b) WHICH THE RESPONSIBLE PARTY IS NO LONGER AUTHORISED TO RETAIN. (Please provide detailed reasons for the request)

Signed at .......................................... this ...................... day of ...........................20………... ........................................................................... Signature of data subject/ designated person